Terms of Use
Last Updated April 12, 2004

United Industries Corporation d/b/a Spectrum Brands, a Delaware corporation ("Spectrum Brands") provides this web site (this "Site"), at its discretion, only for informational and other non-commercial personal use. 

These Terms of Use set forth the terms and conditions under which you may use and access the Site.  By accessing the Site, you agree to these Terms OF USE.  IF YOU DO NOT AGREE TO THESE TERMS OF USE (WITHOUT MODIFICATION), YOU ARE NOT AUTHORIZED TO ACCESS OR OTHERWISE USE THE SITE.

SPECTRUM BRANDS MAY AMEND THESE TERMS OF USE EITHER BY EMAILING YOU ABOUT THE AMENDED TERMS (WHICH TAKE EFFECT WHEN WE SEND YOU THE EMAIL), AND/OR BY POSTING THE AMENDED TERMS OF USE AND REVISING THE "LAST UPDATED" DATE AT THE TOP OF THE TERMS OF USE.   YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THE CURRENT TERMS OF USE. THE MOST CURRENT VERSION OF THE TERMS OF USE CAN BE REVIEWED BY CLICKING ON THE "TERMS OF USE" HYPERTEXT LINK LOCATED AT THE BOTTOM OF OUR WEB PAGES. YOUR USE OF THE SITE AFTER WE SEND YOU AN EMAIL ABOUT THE AMENDED TERMS OF USE AND/OR POST ANY AMENDED TERMS OF USE, IN EACH CASE SHALL CONSTITUTE YOUR AGREEMENT TO ANY SUCH AMENDED TERMS OF USE. EXCEPT AS OTHERWISE PROVIDED IN THE PARAGRAPH, THESE TERMS OF USE MAY BE AMENDED ONLY BY A WRITING PHYSICALLY SIGNED BY BOTH US AND YOU.

Intellectual Property and Use.

All materials contained on the Site are protected by copyright, and are owned or controlled by Spectrum Brands, Spectrum Brands' suppliers or other third parties. The Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. The content of the Site is available only for informational and other non-commercial personal use. You agree to comply with any restrictions contained in any content on the Site. Subject to those restrictions, you may print one (1) copy of any page displayed on the Site for your non-commercial personal use. Copying, storing, and/or downloading of any content, for purposes other than for informational purposes and other non-commercial personal use is prohibited without the prior written permission from Spectrum Brands.   In no event may you redistribute any content made available to you through the Site without the prior written permission from Spectrum Brands or the copyright holder identified in the individual content copyright notice.

Integrity of Site and Use Restrictions. 

You agree not to access or use the Site in any manner that is prohibited by these Terms of Use or is otherwise unlawful.  Without limiting the generality of the foregoing, you agree that you will access and use the Site solely by manual request and not programmatically by macro, robot, or other automated means, and that you will not, directly or indirectly, (a) modify, copy, distribute (including via electronic mail), transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, data, products or services obtained from the Site unless expressly authorized by these Terms of Use or by Spectrum Brands in writing, (b) access or use the Site through, or in connection with, any software product other than the customary web browsers (such as Microsoft Internet Explorer and Netscape Navigator), (c) use any software tools, procedures or instructions (other than customary web browsers), automatic devices or automated processes, or manual process to monitor or access data or content provided through the Site, (d) otherwise "meta-search" the Site, or send, or cause to be sent, any automated queries of any sort to the Site, (e) use any device, hardware or software to bypass any security system on the Site, (f) disrupt or attempt to disrupt the proper or usual working of the Site, (g) use the Site in any manner that could damage, disable, overburden, or impair the Site (or the network(s) connected to the Site) or interfere with any other person's use and enjoyment of the Site, (h) take any action that may cause, or that actually causes, an unreasonable or disproportionately large load on Spectrum Brands' computers, network or other resources, (i) distribute any software or instructions that could be used to breach any of these the Terms of Use, (j) attempt to gain unauthorized access to the Site, other accounts, computer systems or networks connected to the Site or otherwise operated by Spectrum Brands through hacking, password mining or any other means, (k) access, or attempt to access, information other than the information Spectrum Brands intends to make available to you, and/or (l) alter or remove any trademark, copyright and/or any other notice contained in any information obtained from the Site. 

Changes to the Site.

Spectrum Brands may modify, suspend, discontinue and/or restrict the use of all or any portion of the Site including the availability of any data or other information contained on the Site at any time for any reason and without notice or liability. Spectrum Brands reserves the right, with or without notice to you, to change any of the services offered on the Site including, but not limited to, hours of operation, menu structures, access procedures, software commands, documentation, vendors and/or other services.

Disclaimer of Warranties.

The Site is provided on and "AS IS", "AS AVAILABLE" basis.  Spectrum Brands' does not promise or warrant that any aspect of the Site will work properly or will be continuously available. ANY INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR IS DONE AT THE YOUR OWN DISCRETION AND RISK.  SPECTRUM BRANDS AND ITS SUPPLIERS HEREBY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY,  REASONABLE CARE, COMPATIBILITY, SECURITY, QUALITY, TIMELINESS, AVAILABILITY, COMPLETENESS, RELIABILITY, ACCURACY, AND/OR FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT SPECTRUM BRANDS AND/OR ANY OF ITS SUPPLIERS KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED, OR IS OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE), IN EACH INSTANCE IN RESPECT OF THE SITE (INCLUDING, WITHOUT LIMITATION, ANY INFORMATION,  DATA, OR OTHER MATERIALS). FURTHERMORE, SPECTRUM BRANDS, ON BEHALF OF ITSELF AND ALL OF ITS SUPPLIERS HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF TITLE AND/OR NON-INFRINGEMENT IN RESPECT OF THE SITE (INCLUDING, WITHOUT LIMITATION, ANY INFORMATION,  DATA,  AND/OR OTHER MATERIALS).

Limitation of Liability.

EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT WILL SPECTRUM BRANDS AND/OR ANY OF ITS SUPPLIERS BE LIABLE FOR (A) ANY  DAMAGES OF ANY NATURE WHATSOEVER RESULTING FROM, OR RELATED TO, THE LOSS, DELAY OR INABILITY TO USE THE SITE (INCLUDING, WITHOUT LIMITATION, ANY INFORMATION, DATA, PRODUCTS, OR OTHER MATERIALS), THE LOSS OF ANY DATA, ANY INFORMATION, PRODUCTS, AND/OR SERVICES OBTAINED THROUGH THE SITE, AND/OR (B) ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS ARISING OUT OF OR IN ANY WAY CONNECTED WITH THESE TERMS OF USE, THE USE OR PERFORMANCE OF THE SITE  (INCLUDING, WITHOUT LIMITATION, ANY INFORMATION,  DATA, PRODUCTS, OR OTHER MATERIALS), OR OTHERWISE ARISING OUT OF THE USE OF THE SITE (INCLUDING, WITHOUT LIMITATION, ANY INFORMATION, DATA, PRODUCTS, OR OTHER MATERIALS), IN EACH OF (A) AND (B) ABOVE WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE AND EVEN IF SPECTRUM BRANDS AND/OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.   IN ALL EVENTS, SPECTRUM BRANDS' AGGREGATE LIABILITY FOR CLAIMS ARISING OUT OF OR IN ANY WAY CONNECTED WITH THESE TERMS OF USE, THE USE OR PERFORMANCE OF THE SITE  (INCLUDING, WITHOUT LIMITATION, ANY INFORMATION,  DATA, PRODUCTS, OR OTHER MATERIALS), OR OTHERWISE ARISING OUT OF THE USE OF THE SITE (INCLUDING, WITHOUT LIMITATION, ANY INFORMATION, DATA, PRODUCTS, OR OTHER MATERIALS) WHETHER FOR BREACH OF CONTRACT, IN TORT OR OTHERWISE, SHALL BE LIMITED TO THE GREATER OF (A) $10.00, OR (B) THE AMOUNT YOU PAID TO ACCESS THE SITE DURING THE THREE (3) MONTH PERIOD PRIOR TO THE ACCRUAL OF THE CLAIM, IF ANY.

Linking to the Site.

You agree not to link to the Site, or to cause any web site that you operate or otherwise control, to link to the Site, in each instance without first obtaining the express written permission from Spectrum Brands to do so.  You agree that if you do receive such permission, that (a) you will link only in accordance with the terms and conditions of such permission, (b) Spectrum Brands may revoke such permission at anytime and for any reason, (c) after any such revocation, you will not thereafter link to the Site, or cause any web site that you operate or otherwise control, to link to the Site, and (d) Spectrum Brands has no obligation to notify you if any of the portions of the Site that you are linking to change or move to a different location.

Third Party Content.

The Site may contain hyperlinks to other web sites and Internet resources operated by parties other than Spectrum Brands ("Linked Sites"). Links to and from the Site to other third party sites, maintained by third parties, do not constitute an endorsement by Spectrum Brands or any of its subsidiaries or affiliates of any third party resources or their contents. Spectrum Brands has no control over any Linked Sites. Any such hyperlinks are provided for your reference only. You acknowledge and agree that Spectrum Brands is not responsible for the availability of Linked Sites and does not endorse and is not responsible or liable for any content, advertising, products, privacy policies, or other materials on or available from such Linked Sites. You further acknowledge and agree that Spectrum Brands shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such Linked Site. When you visit a Linked Site, you will no longer be protected by Spectrum Brands' privacy policy or security practices. The data collection, use and protection practices of the Linked Site may differ from the practices of Spectrum Brands. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.

Privacy.

Spectrum Brands' Privacy Policy applies to your use of the Site, and its terms are made a part of these Terms of Use by the reference. To view Spectrum Brand's Privacy Policy, [click here (insert hyperlink)]. Notwithstanding anything else contained herein or on the Site to the contrary, Spectrum Brands reserves the right to disclose any personal information about you or your use of the Site, including its contents, without your prior permission, if Spectrum Brands has a good faith belief that such action is necessary to (a) conform to legal requirements or comply with legal process, (b) protect and defend the rights or property of Spectrum Brands or its affiliated companies, (c) enforce these Terms or Use, and/or (d) act to protect the interests of its users or others.  Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

Consent to Monitoring.

Spectrum Brands is under no obligation to monitor the information residing on or transmitted to the Site. However, anyone using the Site agrees that Spectrum Brands may monitor the Site's contents periodically to: (a) comply with any necessary laws, regulations or other governmental requests, (b) operate the web site properly, and/or or (c) protect itself and its users.

Intellectual Property Notices.

All contents of the Site are Copyright © 2004 Spectrum Brands and/or its suppliers and licensors, 2150 Schuetz Road, St. Louis, Missouri, 63146 U.S.A. All rights reserved. Elements of the Site are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the Site may be copied or retransmitted unless expressly permitted by Spectrum Brands.  Spectrum Brands  products and services referenced in the Site may be trademarks or service marks of Spectrum Brands in the United States and/or other countries. Other product and company names mentioned in the Site may be the trademarks of their respective owners. Trademarks and service marks designated with the symbol "®" are registered with the U.S. Patent and Trademark Office, and may also be registered with numerous foreign countries.

General.

These Terms of Use contain the full understanding of the parties with respect to your use and access of the Site and supersede all prior agreements and understandings, both written and oral, with respect to such use and access of the Site.  There are no other terms, obligations, covenants, representations, statements or conditions, oral or otherwise, of any kind whatsoever regarding your use and/or access to the Site. If any portion of these Terms of Use is held to be invalid or unenforceable, the invalid or unenforceable portion shall be modified in accordance with the applicable law as nearly as possible to reflect the parties' original intentions, and the remainder of these Terms of Use shall remain in full force and effect. A printed version of these Terms of Use and of any notices given to you in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.  You agree that no joint venture, partnership, employment, or agency relationship exists between you and Spectrum Brands as a result of these Terms of Use or access and/or use of the Site. The failure of Spectrum Brands to insist upon or enforce strict performance by you of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. The Site and these Terms of Use are governed by the laws of the State of Missouri, USA (except for its conflict of laws provisions), as such laws apply to agreements entered into and to be performed entirely within Missouri between Missouri residents.. You hereby consent to the exclusive jurisdiction and venue of the United States District Court for the Eastern District of Missouri, unless no federal subject matter jurisdiction exists, in which case you consent to exclusive jurisdiction and venue in the Circuit Court for the County of St. Louis, Missouri, over any action or proceeding arising out of or relating to these Terms of Use or the Site, and you hereby waive all rights you may have or which may hereafter arise to contest such jurisdiction.   Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use.  Spectrum Brands may provide notice to you relating to the Site and/or these Terms of Use by sending an e-mail to your last known e-mail address, and any such notice shall be deemed given and received on the day it is sent. You agree that any cause of action that you may desire to bring arising out of or related to these Terms of Use and/or the Site must commence within one (1) year after the cause of action arises; otherwise, such cause of action shall be permanently barred.